Common use of Exhibits; Interpretation Clause in Contracts

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include,” “includes” and “including” shall be deemed followed by the words “without limitation.” The words “hereof,” “hereto,” “hereby,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” The words “made available to the Principal Investor” and words of similar import refer to documents (a) posted to a diligence website by or on behalf of the Company and made available to the Principal Investor and its representatives or (b) delivered in person or electronically to the Principal Investor and its representatives, in each case at least two (2) business days prior to the date hereof. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have participated jointly in the negotiation and drafting of this Agreement, and in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of this Agreement.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include,” ”, “includes” and “including” shall be deemed followed by the words “without limitation.” ”. The words “hereof,” ”, “hereto,” ”, “hereby,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.”. The word “foreign” The means relating to a jurisdiction other than the United States or any subdivision thereof, and includes multinational and supranational political unions. Except as otherwise provided, the words “made available to the Principal InvestorParent” and or words of similar import refer to documents (ai) posted to a diligence website the ▇▇▇▇▇▇▇ virtual dataroom maintained by or on behalf of the Company and made available to the Principal Investor and its representatives which Parent’s Representatives have been granted access as of 5:00 p.m., New York time, on September 15, 2017 or (bii) delivered in person or electronically to the Principal Investor and its representativesParent, in each case at least two (2) business days prior to the date hereofSub or their respective Representatives as of such time. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating Each of the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have has participated jointly in the drafting and negotiation and drafting of this Agreement, and in the event . If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as jointly if it is drafted by all of the parties hereto parties, and no presumption or burden of proof shall will arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of the provisions in this Agreement. All references to a person shall include any predecessor entities of such person.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include,” ”, “includes” and “including” shall be deemed followed by the words “without limitation.” ”. The words “hereof,” ”, “hereto,” ”, “hereby,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” The words ”. Except as otherwise provided, any information “made available available” to the Principal Investor” and words of similar import refer to documents (a) posted to a diligence website Parent by or on behalf of the Company and made available to or its Subsidiaries shall include only that information which, as of 11:59 p.m., New York City time, on the Principal Investor and its representatives or (b) delivered in person or electronically to the Principal Investor and its representatives, in each case at least two (2) business days date immediately prior to the date hereofof this Agreement , was (a) contained in that certain virtual data room maintained by the Company through ▇▇ ▇▇▇▇▇▇▇▇▇ to which Parent’s representatives have been granted access, (b) contained in the Property Works database to which Parent’s representatives have been granted access and (c) written information delivered or presented to Parent pursuant to the Clean Team Letter dated October 25, 2012. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have participated jointly in the negotiation and drafting of this Agreement, and in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of this Agreement.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this 49 Table of Contents Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include,” ”, “includes” and “including” shall be deemed followed by the words “without limitation.” ”. The words “hereof,” ”, “hereto,” ”, “hereby,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.”. For purposes of the third and fourth paragraphs of Section 4.02, the word “binding” The words shall mean binding and subject to acceptance by the Company without revocation. Except as otherwise provided, any information “made available available” to the Principal Investor” and words of similar import refer to documents (a) posted to a diligence website Parent by or on behalf of the Company or its Subsidiaries shall include only that information contained in such documents stored on the hard disk reflecting the contents of that certain virtual data room maintained by the Company through ▇▇▇▇▇ & Co., Inc. and made available that Parent’s representatives have been granted access to the Principal Investor and its representatives or (b) delivered in person or electronically as of 6:00 p.m., New York City time, on September 19, 2010, a copy of which shall be provided to the Principal Investor and its representatives, in each case at least two (2) business days prior to Parent as promptly as practicable following the date hereofof this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have participated jointly in the negotiation and drafting of this Agreement, and in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of this Agreement.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include,” ”, “includes” and “including” shall be deemed followed by the words “without limitation.” ”. The words “hereof,” ”, “hereto,” ”, “hereby,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” The words ”. Except as otherwise provided, any information “made available available” to the Principal Investor” and words of similar import refer to documents (a) posted to a diligence website Parent by or on behalf of the Company and made available to or its Subsidiaries shall include only that information which, as of 11:59 p.m., New York City time, on the Principal Investor and its representatives or (b) delivered in person or electronically to the Principal Investor and its representatives, in each case at least two (2) business days date immediately prior to the date hereofof this Agreement, was (a) contained in that certain virtual data room maintained by the Company through ▇▇ ▇▇▇▇▇▇▇▇▇ to which Parent’s representatives have been granted access, (b) contained in the Property Works database to which Parent’s representatives have been granted access and (c) written information delivered or presented to Parent pursuant to the Clean Team Letter dated October 25, 2012. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have participated jointly in the negotiation and drafting of this Agreement, and in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of this Agreement.